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    jennshilo's Avatar
    jennshilo Posts: 2, Reputation: 1
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    #1

    Jul 28, 2008, 05:36 AM
    NYS Salaried Employee Rules
    I have worked as an accounting mgr for 2.5 years at a small construction company. I was hired to work from 8-4 and I get a 1 hour lunch break. I was just told that I cannot go home at 5... I need to stay until everything I need to do that day is done... My boss actually told me that this is what "salaried employee" means. That I stay until all work that could be done is done! This cannot possibly be legal! I was hired on the basis of working 8-5! He said to me... I can always put you back on an hourly wage and you can make less money if you want to leave by 5! What should I say! What are my rights!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 28, 2008, 06:00 AM
    Your boss is right. Salaried employees are generally not hired to work from x time to y time. They are hired to perform a job. Their hours are generally a guideline but not a hard and fast rule. If there is work that needs to be finished that day, then it has to be finished. The flip side of this, is that if the work is done early, then you should be able to leave early.

    If you are finding that your work load has increased, then ask for a raise. Say to your boss, that you understand that, as a salaried employee, you have a responsibility to make sure the work is done on time. But since your workload has increased, you believe your salary should increase also.
    jennshilo's Avatar
    jennshilo Posts: 2, Reputation: 1
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    #3

    Jul 28, 2008, 06:30 AM
    Quote Originally Posted by ScottGem
    Your boss is right. Salaried employees are generally not hired to work from x time to y time. They are hired to perform a job. Their hours are generally a guideline but not a hard and fast rule. If there is work that needs to be finished that day, then it has to be finished. The flip side of this, is that if the work is done early, then you should be able to leave early.

    If you are finding that your work load has increased, then ask for a raise. Say to your boss, that you understand that, as a salaried employee, you have a responsibility to make sure the work is done on time. But since your workload has increased, you believe your salary should increase also.
    My problem is that my work load has increased tenfold! My salaried has increased since I started but I do not believe it is justified regarding the amount of work I now do. Honestly... if I had to stay until everything that I had to do was done.. I would never go home! I can always "find" something to do being that this is a small business and my responsibilities bleed into more than just the office accounting... I am not sure what to do!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 28, 2008, 06:38 AM
    If you believe your workload has increased that much then talk to your boss about hiring additional staff. Explain to him that the work just can't be done on time without it. But I would also start dusting off my resume.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #5

    Jul 28, 2008, 07:33 AM
    Quote Originally Posted by ScottGem
    Your boss is right. Salaried employees are generally not hired to work from x time to y time. They are hired to perform a job. Their hours are generally a guideline but not a hard and fast rule. If there is work that needs to be finished that day, then it has to be finished. The flip side of this, is that if the work is done early, then you should be able to leave early.
    I know that's the theory, but I have to say, I have never seen a salaried employee take off early because "all the work is done". Having said that, I've seen bosses be very lenient about doctor's visits, going to the kid's school play, picking guests up at the airport, etc. But yes, salaried employees generally do have to stay well past 5 to do their job. Follow Scott's advice, if your workload has gone up appreciably.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jul 28, 2008, 08:15 AM
    Quote Originally Posted by ScottGem
    If you beleive your workload has increased that much then talk to your boss about hiring additional staff. Explain to him that the work just can't be done on time without it. But I would also start dusting off my resume.

    Particularly in this economy -
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 28, 2008, 08:54 AM
    Quote Originally Posted by froggy7
    I know that's the theory, but I have to say, I have never seen a salaried employee take off early because "all the work is done". Having said that, I've seen bosses be very lenient about doctor's visits, going to the kid's school play, picking guests up at the airport, etc. But yes, salaried employees generally do have to stay well past 5 to do their job. Follow Scott's advice, if your workload has gone up appreciably.
    Well, I didn't mean just up and leave. ButI have known instances where employees have been told they can leave when their desks are clear. Though not totally open, like if the desk is clear at 11AM it may not be clear at 2PM, but if they leave at 5 and there desk is clear at 4, then yeah.

    But I'm referring to the same thing you are. That a boss will be lenient about special circumstances in such cases.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Jul 28, 2008, 11:39 AM
    Well as a salary person working 10 and 12 hours a day is almost normal. Working some 16 hour days is even common at times. Working 6 days a week at times.

    So yes they can ask you to stay and work a lot longer and that would even be normal.

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